DECISION

ESTABLISHMENT OF THE NATIONAL COMMISSIONING COUNCIL FOR CONSTRUCTION WORKS

THE PRIME MINISTER

Pursuant to the Law on Government Organization dated December 25, 2001;

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to the Government's Decree No. 15/2013/ND-CP dated February 06, 2013 on quality management of construction works;

At the request of the Minister of Construction,

HEREBY DECIDES:

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Article 2. Construction works undergoing inspection and commissioning by the NCC

1. Construction works undergoing commissioning by the NCC include construction works of national importance whose investment guidelines are decided by the National Assembly.

2. Construction works inspected by the NCC include other important large-scale construction works that employ special structures and construction technologies affecting community safety and environmental safety, excluding the construction works prescribed in Clause 1 herein. Such inspection is carried out at the request of the Prime Minister.

Article 3. Duties of the NCC

Duties of the NCC include:

1. Submitting provisional annual list of construction works subject to inspection and commissioning to the Prime Minister for approval.

2. Inspecting quality management and quality of construction works.

3. Inspecting commissioning by investors and contractors.

4. Organizing the commissioning and evaluation of compliance with requirements for putting construction works to use as prescribed by law for construction works of national importance and a number of other important construction works at the request of the Prime Minister.

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6. Promulgating operation regulations that serve as the basis for the NCC and organizations and individuals assisting the NCC to perform their tasks.

7. Fulfilling other duties as assigned by the Prime Minister.

Article 4. Organizational structure of the NCC

The NCC consists of the chairperson, a number of deputy chairpersons and other members as follows:

1. Chairperson of the NCC: The Minister of Construction.

2. Deputy chairpersons of the NCC:

a) Deputy Minister of Construction;

b) Deputy Ministers of relevant Ministries managing specialized construction works;

c) Chairpersons of People’s Committees of provinces and central-affiliated cities where construction works are located.

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4. Beside the abovementioned members, depending on the type, size and characteristics of each construction work, the chairperson of the NCC shall decide on other members of the NCC as follows:

a) Deputy chairpersons include Deputy Minister of Natural Resources and Environment; Deputy Minister of Science and Technology; Deputy Minister of Public Security; Deputy Minister of National Defense and other members at the request of the chairperson of the NCC;

b) Members include heads of Departments of Construction of provinces where construction works are located; legal representatives of investors; heads of construction quality management bodies affiliated to relevant Ministries managing specialized construction works.

The chairperson of the NCC shall decide on list of members of the NCC for each construction work.

5. Organizations and individuals assisting the NCC include:

a) The State Authority for Construction Quality Inspection - Ministry of Construction, which is the permanent body of the NCC and responsible for organizing specialized activities of the NCC, including proposing plans, organizing inspection of quality and construction quality management as directed by the chairperson of the NCC and performing other tasks as assigned by the chairperson of the NCC.

Compile plans for operation of the NCC, manage finance and administrative operation of the NCC and perform other tasks as assigned by the chairperson of the NCC.

b) The NCC’s expert teams, which include experts with qualifications and experience suitable for inspecting quality of construction works.

Expert teams are answerable to the NCC and the law for their conclusions and evaluations of construction work quality.

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1. Powers and responsibilities of the NCC are as follows:

a) Powers

- Request investors, contractors and relevant parties to provide information and documents serving the operation of the NCC;

- Suspend construction if there are violations seriously affecting construction work quality or construction safety; request investors and contractors to explain and take measures to rectify these violations;

- Prohibit official operation of construction works if such construction works fail to meet safety requirements, regulations, standards and approved designs;

- Appoint domestic and foreign consultancies and experts whose experience and capabilities are suitable for quality inspection, appraisal of technical issues and quality accreditation for construction works;

b) Responsibilities of the NCC include being answerable to the Prime Minister for its conclusions and decisions.

2. Operation of the NCC shall not substitute the roles and responsibilities of the entities involved in the execution of construction works. Investors, contractors and relevant organizations and individuals shall rectify their violations, consider and follow the NCC’s recommendations and take total responsibilities for quality of construction works as prescribed by law.

Article 6. Operating rules of the NCC

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2. An NCC’s conclusion or decision on official operation of a construction work item or construction work or any other important conclusion or decision is approved by more than 2/3 of the NCC members. In case of failure to reach a consensus, the chairperson of the NCC shall propose its opinions to the Prime Minister for decision.

3. An NCC’s conclusion is given according to the conclusions or opinions of expert teams, consultancies and specialized bodies assisting the NCC, documents about quality management of construction works and reports on evaluation of construction work quality of relevant investors and contractors.

Article 7. Legal effect of opinions, conclusions and decisions of the NCC

1. Official opinions, recommendations, requests, conclusions and decisions of the NCC shall be stated in documents of the NCC or bodies assisting the NCC as assigned.

2. The NCC shall use the seal of the Ministry of Construction; the State Authority for Construction Quality Inspection shall use its seal for activities related to the NCC.

3. An NCC’s conclusion shall be one of the bases for an investor to carry out commissioning of construction works without changing responsibilities of the investor and relevant parties for construction work quality as prescribed by law.

4. In case an investor or contractor disagrees with any request, conclusion and/or decision of the NCC, relevant parties may have their opinions recorded and provide explanation. If necessary, the NCC may notify the Prime Minister and propose resolutions to the different opinions.

Article 8. Operating period of the NCC for each construction work

The operating period of the NCC for each construction work starts from the time the NCC is assigned a task by the Prime Minister to the time the NCC completes its inspection or commissioning of the construction work.

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Article 9. Operating expenses of the NCC

1. Operating expenses of the NCC include:

a) Expenses for inspection of quality and quality management of construction works;

b) Allowances for members of the NCC and for individuals and organizations assisting the NCC;

c) Expenses for domestic and foreign consultation services (when necessary);

d) Expenses for purchase of technical documentation and domestic and overseas visits; expenses for mass communication;

dd) Expenses for stationery and communication, purchase of office equipment and travel;

e) Expenses for other activities of the NCC.

2. Operating expenses of the NCC shall be covered by budget for current expenses and cost contingency in the total construction investment. Investors shall be responsible for funding allocation, cost estimate approval, statement and reimbursement of expenses of the NCC. The permanent body shall make a cost estimate and payment for each construction work.

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Article 10. Effect

1. This Decision comes into force from the day on which it is signed and supersedes the Prime Minister’s Decision No. 68/2006/QD-TTg dated March 22, 2006 on establishment of the National Commissioning Council for construction works.

2. For construction works previously assigned by the Prime Minister to the NCC for commissioning and inspection purposes, the NCC shall continue to carry out commissioning and inspection of such construction works according to the Prime Minister’s Decision No. 68/2006/QD-TTg dated March 22, 2006 until they are put to use.

3. Construction authorities shall not inspect the commissioning of construction works that have undergone commissioning and inspection by the NCC.

Article 11. Implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, chairperson of the NCC, chairpersons of People’s Committees of provinces and central-affiliated cities, heads of units being investors and relevant organizations and individuals shall be responsible for the implementation of this Decision./

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Quyết định 310/QĐ-TTg năm 2014 thành lập Hội đồng nghiệm thu Nhà nước các công trình xây dựng do Thủ tướng Chính phủ ban hành